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2022 Supreme(Gau) 589
IN THE HIGH COURT OF GAUHATI, (Assam, Nagaland, Mizoram And Arunachal Pradesh)
Achintya Malla Bujor Barua, J.
Purbanchal Cement Ltd. And Anr., Represented By Its Director, Shri Dhan Dey – Petitioners
Versus
The State Of Assam And 2 Ors. – Respondents
W.P.(C.) No. 4761 Of 2021
Decided On : 06-09-2022
For the Petitioners:Mr. S.P. Roy Advocate.
For the Respondents: G.A., Assam.
Point of Law: Circle Officer may arrive be informed to Deputy Commissioner, Kamrup(M) and Deputy Commissioner shall necessary steps for initiating any civil or criminal proceeding, as case may be or both, if enquiry reveals complicity of any illegal or criminal act being done by any of parties.
Headnote:
Assam Land Revenue Regulation, 1886 - Chapter 10 - Karbi community - Recognized Scheduled Tribe - Respondent who belongs to Karbi community which is a recognized Scheduled Tribe in State of Assam informed All Bodo Students Union, Dimoria Anchalik Committee raising grievance that writ petitioner which comprises of persons who do not belong to category of backward classes, as contemplated under Chapter 10 of Assam Land Revenue Regulation, 1886 had procured land within restricted tribal belt area - Whether land purchased vide registered Deed had been illegitimately owned and possessed by petitioner and if yes, to take appropriate action under law - After giving an opportunity of hearing to petitioner as well as to original complainant, Circle Officer may pass any reasonable order as may be advisable under law.(Para 9).
Findings of Court: Petitioner to file their objection, if any and, appear again, from which date, actual proceeding before Circle Officer shall be started and same be brought to its logical end within a period of two months thereafter. In hearing, Circle Officer shall also enquire into complaint that his land which was purchased vide registered Deed is presently being owned by petitioner Purbanachal Cement Private Limited. Circle Officer upon perusal of records shall form an opinion as to whether land purchased vide registered Deed, Sl No. had been illegitimately owned and possessed by petitioner and if yes, to take appropriate action under law.
Result: Writ petition disposed of.
JUDGMENT :
1. Heard Mr. S.P. Roy, learned counsel for the petitioner. Also heard Mr. R Borpujari, learned counsel for the respondent no. 1 being the authorities under the Revenue Department, Government of Assam, Mr. B J Talukdar, learned senior counsel for the respondent no. 2 being the Circle Officer, Sonapur Revenue Circle and Mr. N.N. B Choudhury, learned counsel for the respondent no. 3. Mansing Rongpee.
2. The respondent no. 3 Mansing Rongpee who belongs to the Karbi community which is a recognized Scheduled Tribe in the State of Assam informed the All Bodo Students Union, Dimoria Anchalik Committee raising the grievance that the writ petitioner which comprises of persons who do not belong to the category of backward classes, as contemplated under Chapter 10 of the Assam Land Revenue Regulation, 1886 had procured the land within the restricted tribal belt area. The All Bodo Students Union in response thereof by their representation dated 07.07.2021 made to the Deputy Commissioner, Kamrup(M) stated that the petitioner M/S Purbanchal Cement Private Limited had purchased a plot of land, described in the schedule provided therein, which falls within the tribal belt, from one Dhiren Bora. Accordingly, the Deputy Commissioner was requested to look into the matter.
3. The representation of the All Bodo Students Union also provided that the land was purchased by Sri Mansing Rongpee, S/O Makachu Rongpee, resident of Village Nogaon in the district Nagaon vide registered Deed No. 9447, Sl No. 14337 dated 30.12.2000 but it later came to the knowledge of Mansing Rongpee that the petitioner Purbanachal Cement Private Limited had fraudulently owned and possessed the plot of land described in the schedule of the representation.
4. On the basis of the representation made by the All Bodo Students Union, the petitioner was issued notice bearing no. ASPR No. 243/2021 dated 31.07.2021 by the Circle Officer, Sonapur Revenue Circle providing that as per the letter dated 13.07.2021 of the Additional Deputy Commissioner, Kamrup(M), a hearing was necessary in respect of the land covered by KP Patta No. 1 of Dag No. 2 of Village Sarutari, Mouza Sonapur and accordingly, the date and time of the hearing was fixed at 3 pm on 04.08.2021. Accordingly, Mansing Rongpee who had raised the complaint before the All Bodo Students Union and Dhan Bey, who was stated to be a Director of the petitioner Purbanachal Cement Private Limited were requested to remain present in the office of the Circle Officer. The complaint of Mansing Rongpee would also have to be understood that it is a complaint that his own purchased land in the tribal belt had also been purchased by the petitioner.
5. By another communication dated 05.08.2021 of the Circle Officer, Sonapur Revenue Circle, Sanjib Kumar Choudhury, President (Commercial) of Purbanachal Cement Private Limited was informed that as per the complaint of Mansing Rongpee, a demarcation is required to be carried out in the areas which otherwise were under the possession of Sanjib Kumar Choudhury and in order to ascertain the total area under the possession and to find its congruity as per the available land records and to remove the discrepancies, the notice concerned was required to provide all possible help in carrying out the procedure. By another notice dated 05.08.2021 also of the Circle Officer, Sonapur Revenue Circle, Mansing Rongpee the complainant, the applicant being the President of the All Bodo Students Union Ajit Kahklary, Sanjeeb Kr. Choudhury, President (Commercial) Purbanchal Cement Private Limited were required to remain present at the hearing on 16.08.2021 along with certain documents specified in the notices, which are extracted as below:
1. Certified Copy of Regd Deed 697/1981 dated 02.02.1981 (To be furnished by the respondents)
2. Certified Copy of Regd Deed 9690/03 dated 20.11.2003 (to be furnished by the respondents)
3. Certified copy of Regd Deed 9447 dated 30.12.2000 (To be furnished by the Applicant
